Louisa County Wills 1851
Library of Virginia
1st I lend to my wife Lavinia Burruss Two hundred and two acres of land being the lesser part of the tract I bought of the Estate of the late David Bullock, to be taken off at the mouth of the Schoolhouse branch on the North side of the River, thence up the River to the mouth of a branch making on the River on the South Side the base of the Hill on the East Side of the branch to be the line untill it intersects with the outer line. She is not to cultivate the land oftener than Once in three years in Corn, not to clear more than three acres in any one year, not to pasture any Stock but her own , not to commit any waste (no) suffer it to be done by others. Should I effect the purchase of Sixty acres of land from David T. Johnson as is my present purpose, I add that to her use under the Same restrictions and tennure I have the other land loaned her. I lend to my wife my negro woman Susan and the five children She now has with the future increase of the females. I lend her also my negro man Martin Charles, big Nancy & Daphnia. I will her as much corn as will Suffice her family for one year as much seed wheat and oats as She (my) want to sow besides fifteen bushels wheat for her table One thousand pounds meat pork. One ox cart Two yoke oxen Two of my choice horses, four cows, ten head Stock hogs, ten head Stock Sheep, One third of my household and Kitchen furniture, What plantation tools she may need. These I lend her as long as She remains my widow. Should She marry again She will have put herself under the protection of another in that event my will is that She be put to her thirds of the property I have herein designated for her.
2nd In dividing a portion of my negroes amongst my Children my son Nelson aloted off and assigned to himself a lot of much larger amount than any of the rest of my children as to this time he refuses to pay the excess or give his bond to do so at some future day carrying Interest. Now if he thus continues to refuse doing justice to the rest of my Children untill the death of the survivor of myself or wife, my will is in the happening of that event, that the amount of the excess with legal interest shall be deducted from an equal portion he would otherwise get at the death of the survivor of me & wife. I have deed(ed) to my son Nelson that part of the land I have reserved a life estate in for myself and Wife as well as that in which he is now in possession of. I am not mistaken when I say that there was at least an implied agreement on his part to redeed me One hundred acres of the upper part in which I am now building this he now refuses to do unless I pay him more than what he is to pay me. Now my will is that upon the death of the Survivor of me &wife my Executors get three Judges of the worth of buildings & let them value the building of every description and he must pay the amount in addition to the price he is to pay me for the land & it shall be deducted from an equal portion of the property reserved for the Support of myself and Wife at the final division to that amount. I perceive a clause in the deed that my son Nelson had it inserted that if my wife survives me, he is to have the sold direction and control of the land reserved for our support, he had as warrant from me to have this done nor shall my wife be under the control and direction of any one as long as She remains my widow. Now if he obstructs or controls her in the use of this land other than the restrictions I have in this will laid her under my will & that he shall have
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no lot or part of the property of any Sort that may be on hand at the final divisions. Should I not live to complete the Building I am now about for a residence for myself &wife, let it be done for her & Should the necessary out building not be completed necessary for her conveniences during my life, She may keep my negroes Henry and Sam two years to have this done. I appoint my Son Clevears D. Burruss, William Gathright & James Henry Melton to execute this my Will enjoining on them to attend to the interest & comfort of my Wife. Witness my hand & Seal this Tenth day of May Eighteen hundred & fifty One - 10th day of May 1851.
F.W. Jones
Jos W. Anderson
Alphonso A. Gray
2nd My Will is that the property of every Kind that may be on hand at the death of the Survivor of me & wife Shall be equally divided between my Children John P. Burruss, Clevears D. Burruss, Richard H. Burruss, James T. Burruss, William B. Burruss, Roger D. Burruss and my daughters Lucy Jane Gathright & Louisa Ann Melton. My will is that the portions that may fall to the lot of my Son John T., Clevears D., Richard H., and William B. be held in the hands of William Gathright and James Henry Melton in trust for their benefit during their lives. Should they leave wife to their benefit as long as they remain their widows & then to go to their Children.
(4th ) Lest my Son Nelson Shall trust himself overlooked or forementioned I give & bequeath to him & heirs One Dollar out of the property reserved for the maintenance for myself & wife during our respective lives. But if he will abide by the provisions of my Will in every Item and Clause therein to the letter and Spirit then and in that case let him come in and partake equally with the rest of my children at the final division but should he litigate my will by Suit then and in that event let the Dollar legacy be his portion. I appoint the Same Executors to execute this Supplement, as I have in my will herein referred to. Given under my hand & Seal this Twenty Fourth day of July Eighteen hundred & Fifty One Nelson Burruss (SEAL)
F.W. Jones
Jos W. Anderson
Alphonso A. Gray
459) 1 st Having at the begining of this year given Off to my Children a parcel of Negroes with the understanding that they Should be equally divided amongst them all as nearly could be this they have not done. Some have much larger portions than Others & have refused to give their bonds payable at a future day or pay to those having the lesser portions. So as to make all equal as the ought to have been done, I have been so much blamed and annoyed by Some of them as to render this year any thing but a year of Jubilee to me. 2nd In Consideration of these circumstances my will is that my Executors will not divide any more of my property untill those having the larger portions shall pay from their own resources with Interest from last January to those having the lesser portions so as to make all equal. Should this not be done during my life and my wife survives me, let my two men Henry and Sam be kept for her use untill it is done. At the death of my wife or the Survivor of us, my son Nelson will according to contract be entitled to the 202 acres of Land reserved for our maintenance the purchase money falls due at the same time my Executors must withold the possession of this land untill the whole of the purchase money is paid and cultivate or rent it for the benefit of all my Children, when this is done add it to my other property and let one division suffice for all. I appoint the Same Executors to this Codicil as I have to my Will and other Codicil. In testimony I have hereunto set my hand and affixed my seal this Sixth day of November One thousand eight hundred and fifty one 1851
Thos R. Walton
Andew W. Waller